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PALAR : Pakuan Law Review
Published by Universitas Pakuan
ISSN : 27160440     EISSN : 26141485     DOI : https://doi.org/10.33751/palar
Core Subject : Humanities, Social,
Welcome to the official website of PAKUAN LAW REVIEW PALAR. This website is intended to disseminate knowledge about the legal system in Indonesia to the wider community. It provides academic journal articles that can be downloaded for free. The journals published are an important reference for legal academics and legal practitioners. PAKUAN LAW REVIEW is an academic journal in the field of Legal Studies published by the Journal Division of the Faculty of Law Pakuan University. Pakuan Law Review contains studies and reviews in various branches of law such as Sociology of Law Legal History Criminal Law Civil Law Government Law Business and Economic Law International Law Sharia Economic Law Agrarian Law Family Law Inheritance Law Contract Law Auction Law Notary Code of Ethics Land Law Intellectual Property Rights Tax Law and Politics of Notarial Law. In addition the journal also publishes broader legal research. The journal is published periodically four times a year namely January to March April to June July to September and October to December. Approved manuscripts will be published online on the website and printed hardcopy versions will be distributed at the end of each publication period. Pakuan Law Review is published by the Faculty of Law Pakuan University. All submitted articles will be reviewed by reviewers before publication using a double blind review process. The decision to accept or reject a manuscript is made by the Editorial Board based on recommendations from peer reviewers. Authors are invited to submit manuscripts that fall within the scope of Pakuan Law Review. Authors must read and comply with the author guidelines and manuscript template. Manuscripts that do not follow the guidelines or use a different format will be rejected by the editorial team before the review process. Only manuscripts that meet the formatting requirements will be processed. eISSN 26141485 pISSN 27160440
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Articles 1 Documents
Search results for , issue "vol. 12 no. 4 (2026): volume 12, number 4 october-december 2026" : 1 Documents clear
Reconstructing Restitution Oriented Prosecutorial Demands in Digital Illegal Investment Case Dwiki Sembiring; Herlambang1; Sudirman Sitepu; Herlita Eryeke
PALAR | PAKUAN LAW REVIEW Vol. 12 No. 4 (2026): Volume 12, Number 4 October-December 2026
Publisher : UNIVERSITAS PAKUAN

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33751/palar.v12i4.237

Abstract

Indonesia has gradually built a legal framework for victim restitution, yet it is seldom used in economic crimes with mass victims. This article asks why restitution remains dormant in the prosecution of digital illegal investment and designs a restitution-oriented model for prosecutorial demands. Taking Bengkulu District Court Decision Number 14/Pid.Sus/2025/PN Bgl as its point of departure, the study combines statutory, case, and conceptual approaches with interviews with the prosecutors and judge involved, analyzed qualitatively and prescriptively. It identifies three mutually reinforcing obstacles. The first is normative: restitution under the Witness and Victim Protection Law depends on a designation by the Witness and Victim Protection Agency and is not attached by default to the offense of unlicensed fund-raising. The second is structural: victim data are compiled to prove guilt rather than to calculate entitlements. The third is cultural: prosecutorial success is measured by conviction and sentence severity. In the case examined, a Rp10 billion fine payable to the state coexisted with roughly Rp1.6 billion in unrecovered victim losses. The article proposes a five-stage dual-track prosecution model built on a layered indictment, a net-loss matrix, and a restitution clause, consistent with the 2023 Penal Code and the 2025 Criminal Procedure Code.   Keywords: Digital illegal investment; Dual-track prosecution; Prosecutorial demand; Restitution; Victim recovery.

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